The short question that arises for consideration in all these petitions is whether the prosecution under the provisions of P.F.A. Act, 1954 and P.F.A. Rules, 1955 is sustainable in respect of offences detected on and after 29.7.2010. In all the aforesaid cases food samples were taken by the Food Inspector after 29.7.2010. The sampling, labelling and other procedures were done under the P.F.A. Act and Rules mentioned above and the complaints were filed under the aforesaid Act and Rules. The learned Magistrate took cognizance in all the aforesaid cases for offences under the P.F.A. Act 1954 and the P.F.A. Rules 1955.

2. It is contended by the learned counsel for the petitioners that P.F.A. Act, 1954 was repealed by the Food Safety and Standards Act, 2006 (hereinafter referred to as 'F.S.S. Act' for short) and hence no prosecution can be launched against the petitioners under the P.F.A. Act, 1954 and P.F.A. Rules, 1955. The petitioners have relied upon the notification dated 29.7.2010 (Annexure C) issued by the Ministry of Health and Family Welfare (Department of Health and Family Welfare). The said notification reads:

"In exercise of the powers conferred by sub-section (3)